Tamil Thai Vazhthu row: Madras HC says states can decide song’s order

Tamilaga Vettri Kazhagam (TVK) chief C. Joseph Vijay and Lok Sabha Leader of Opposition and Congress MP Rahul Gandhi join hands during oath taking ceremony of chief minister of Tamil Nadu at the Jawaharlal Nehru Stadium, in Chennai on Sunday. (@RahulGandhi X/ANI Video Grab)
Tamilaga Vettri Kazhagam (TVK) chief C. Joseph Vijay and Lok Sabha Leader of Opposition and Congress MP Rahul Gandhi join hands during oath taking ceremony of chief minister of Tamil Nadu at the Jawaharlal Nehru Stadium, in Chennai on Sunday. (@RahulGandhi X/ANI Video Grab)

The order in which a State song is played at official functions will be decided by the respective State government, the Madras High Court has observed, bringing clarity to a dispute over the rendition of Tamil Thai Vazhthu at government events in Tamil Nadu.

The court's observation came after the Union Ministry of Home Affairs (MHA) revised its instructions on the playing of the national song, national anthem and State songs at official functions.

A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan said the MHA's revised circular dated July 9, 2026 leaves the placement and performance of a State song to the discretion of the concerned State government.

With the Centre no longer prescribing where a State song should be placed in the sequence, the Tamil Nadu government has reiterated its existing instructions on Tamil Thai Vazhthu.

Tamil Nadu retains existing order

The court was informed that the Tamil Nadu government had issued a Government Order reaffirming that Tamil Thai Vazhthu should be sung at the beginning of official programmes held at educational institutions, government offices and other such venues.

Advocate General Vijay Narayan produced the Government Order, issued on August 12, 2026, before the Bench.

Senior panel counsel for the Centre, A. Kumaraguru, also submitted that State governments have the discretion to determine the order in which their State songs are sung during official events.

The revised MHA circular, according to the submissions before the court, deals specifically with situations where the national song and national anthem are played together. In such cases, it directs that the national song should be played before the national anthem.

It does not prescribe where a State song should appear in the sequence.

PIL challenged order followed at swearing-in ceremony

The issue had reached the Madras High Court through a public interest litigation filed by Chennai resident Ananya Radhakrishnan.

The petition followed Tamil Thai Vazhthu being played after the national song and national anthem at Chief Minister C. Joseph Vijay's swearing-in ceremony on May 10, 2026.

The petitioner had challenged the MHA's January 28, 2026 circular, arguing that placing Tamil Nadu's State song after the national song and national anthem diluted its ceremonial position. The petition also raised concerns over federalism and the cultural rights protected under Article 29(1) of the Constitution.

During the proceedings, the court was informed that the Centre had subsequently issued the revised circular on July 9.

The Bench also noted that the revised instructions did not require the State song to be placed at the end of an official programme.

With the Centre leaving the matter to individual State governments, the Division Bench dismissed the PIL as infructuous.